*1 Case 3:13-cv-01772-WHA Document 72 Filed 10/17/13 Page 1 of 2
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO TOUCHSCREEN GESTURES LLC, Case No. 3:13-CV-01772-WHA
Plaintiff, [PROPOSED] ORDER GRANTING
PLAINTIFF’S MOTION FOR LEAVE v. TO FILE A SECOND AMENDED
COMPLAINT AND DISMISSING HTC CORPORATION, ET AL., CERTAIN CLAIMS AND
COUNTERCLAIMS Defendants.
Having considered the parties briefing on this motion, the Court orders as follows:
1) Plaintiff’s Motion to File a Second Amended Complaint against HTC Corporation
and HTC America (collectively “HTC”) is GRANTED. Plaintiff shall file its Second Amended Complaint within three days of this order.
2) Plaintiff’s claims that HTC infringes U.S. Patents Nos. 7,319,457, 8,164,575,
7,274,357, and 7,814,031 by HTC products that were accused or could have been accused by Plaintiff as the date of Plaintiff’s Second Amended Complaint are hereby dismissed with prejudice.
3) Defendant HTC shall serve its Answer to Plaintiff’s Second Amended Complaint
within seven days of Plaintiff’s filing the Second Amended Complaint. 4) Defendant HTC ’s Answer shall not assert counterclaims regarding U.S. Patents
Nos. 7,319,457, 8,164,575, 7,274,357, or 7,814,031. 5) Defendant HTC’s counterclaims of non-infringement and invalidity of U.S.
Patents Nos. 7,319,457, 8,164,575, 7,274,357, and 7,814,031 and HTC’s counterclaim of unenforceability of U.S. Patent No. 8,164,575 are hereby dismissed without prejudice.
Case 3:13-cv-01772-WHA Document 72 Filed 10/17/13 Page 2 of 2 IT IS SO ORDERED
Dated: ___________ By:
Hon. William H. Alsup United States District Judge - 2 -